Lawyers for Mr Pascal Phelan, the founder of Master Meat Packers (MMP), will apply to the High Court next week for judgment against Mr Phelan's former partner in the business, Mr Zacharia el Taher. No details of the amount being sought were provided in court yesterday.
Meanwhile, an application by lawyers for Mr Larry Goodman seeking an interlocutory injunction restraining Mr Phelan from making contact with or attempting to intimidate a witness or witnesses in the legal proceedings involving the two men and others will be heard today .
The motion seeking the injunction does not name any witnesses and no details of the application have so far been given to the court. The motion is grounded on an affidavit sworn by Mr Joseph Halpin, former financial controller of MMP. The motions from Mr Goodman and Mr Phelan have interrupted the ongoing legal action between Mr Goodman and Mr Phelan.
In the actions, which are expected to last several more months, Mr Phelan is seeking multi-million pound damages arising from an alleged conspiracy between Mr Goodman, Mr Taher and others to force him out of MMP. For the purpose of the proceedings, Mr Goodman accepts he owned and controlled MMP from 1987 but both he and Mr Taher deny allegations of wrongdoing. Mr Goodman has alleged wrongdoing on Mr Phelan's part. Mr Taher has also made various claims against Mr Goodman.
Mr Phelan began giving direct evidence to the court in the actions. He entered the witness box last December and gave evidence for a few days before the hearing was adjourned. He was scheduled to resume his evidence last week. In court yesterday, Mr Justice Murphy was asked to defer the hearing of the Goodman motion to today. The hearing of the motion is expected to continue into tomorrow.
Mr Brian O'Moore SC, for Mr Phelan, asked the court to hear his client's motion seeking judgment "in a certain sum" against Mr Taher. Mr Brian Dempsey SC, for Mr Taher, objected to the motion being brought and said he was not ready to meet it at this point. He also rejected arguments by Mr O'Moore that Mr Taher had said on affidavit he could not defend the action.
After hearing legal submissions, Mr Justice Murphy said he would adjourn the hearing of the motion to enable Mr Dempsey prepare his reply.
